General Terms and Conditions

This is a translation into english of the General Terms and Conditions of SkinBaron GmbH, Ossecker Straße 165, 95030 Hof - hereinafter called "Provider". The english version is for informal purposes only. For all legal matters only the german version is to be considered.

§ 1 Operator and scope of application

Operator of the internet marketplace www.SkinBaron.de (hereinafter: online platform) and therefore contractual partner of the users of this online platform is SkinBaron GmbH, Ossecker Straße 165, 95030 Hof, e-mail: [email protected] (hereinafter: provider).

SkinBaron GmbH

Ossecker Straße 165

95030 Hof

Germany

email: [email protected]

Registration office: Amtsgericht Hof

Registration number: HRB 5591

Sales tax identification number: DE306127058

SkinBaron GmbH is represented by its managing director Tobias Andro.
These GTC contain the conditions and rules of conduct for the use of the online platform and for all legal transactions and actions similar to legal transactions that are carried out between you and the provider. However, it is possible that for certain special services additional conditions apply. These will then be provided to you in the form of additional terms and conditions prior to use. Terms and conditions that deviate from these General Terms and Conditions are not valid unless the Provider expressly agrees to them.
These general terms and conditions apply accordingly to the redemption of promotional value vouchers, unless a deviating provision has been expressly agreed.

§ 2 Specification of services

The online platform is an Internet marketplace where digital items (so-called "skins") can be offered for sale, sold and purchased. The provider merely mediates orders between buyers and sellers. The members of the platform have the possibility to post offers for sale, to buy and sell skins and to manage the sales transaction via the provider's online platform. The provider does not become a contractual partner of the contracts concluded between the users via the provider's platform. Rather, the fulfillment of the contracts concluded via the online platform takes place exclusively between the Members, with payment service providers being involved in accordance with § 5.
Furthermore, physical goods, in particular computer hardware, keyboards, mice, computer chairs, but also accessories specifically geared to playing computer games, can be purchased. The online platform mediates orders between buyer and seller and thus does not become a contractual partner of the contracts concluded between buyer and seller. The placement of offers for sale of such goods may only be made by traders approved and integrated by the online platform into the marketplace. Fulfilment of contracts for physical goods concluded via the online platform shall be carried out by the trader offering the goods, with payment service providers being involved in accordance with § 5.
For the use of the online platform a free registration by the User is necessary. The use of the online platform for members is only permitted within the framework of the statutory provisions and these GTC. "Users" in the sense of these GTC are both consumers and entrepreneurs. Consumers in the sense of the Terms and Conditions are natural persons who conclude legal transactions for purposes that can predominantly be attributed neither to their commercial nor to their professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the Merchant, are acting in the exercise of their commercial or independent professional activity.

§ 3 Registration

The prerequisite for using the Provider's online platform is the opening of a member account. The registration for the use of the platform is free of charge.
In the course of registration, you first log in with your Steam account. In addition, you must confirm that you have read and accepted the terms and conditions and have received the cancellation policy. The provider reserves the right, however, to refuse registration without having to give reasons for this.
All voluntary additional information can be changed or supplemented at any later time in the profile settings.
Natural persons with full legal capacity who are at least 18 years old may register as members. It is expressly prohibited to register a user account for third parties without their consent, as well as the multiple use of different member accounts by one user. The Provider reserves the right to make admission dependent on the submission of suitable proof (identity card, excerpt from the commercial register, trade license, official permits or approvals) or to request such proof in the course of using the Provider's services.
The data required for registration must be provided completely and correctly. Changes to the data provided must be reported immediately by the member or corrected in the profile settings. This concerns in particular changes of address as well as the fact of abandonment of the business or freelance activity as well as insolvency or liquidation of the company. The membership account is non-transferable.
The Provider reserves the right to make the use of the service dependent on certain conditions such as the verification of the registration data or the number of positive or negative evaluations or the payment of the agreed commission.

§ 4 Right of revocation

End of the cancellation policy

The law provides a right of withdrawal for consumers for the provision of services also for distance contracts which are free of charge. Accordingly, we have to inform you about the right of withdrawal as follows:

Cancellation policy

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (SkinBaron GmbH, Ossecker Straße 165, 95030 Hof, e-mail: [email protected]) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the cancellation period.

Consequences of the revocation

If you cancel this contract, we have to refund all payments we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

Exclusion of the right of withdrawal

The right of revocation does not exist if you are acting in the exercise of your commercial or independent professional activity when concluding the legal transaction and you are therefore to be regarded as an entrepreneur (§ 14 BGB).

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back).)

To

SkinBaron GmbH

Ossecker Straße 165

95030 Hof

Germany

E-Mail: [email protected]

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following services

Ordered on (*)/received on (*)

Name of the customer(s)

Address of the customer (s)

Signature of the customer(s) (only for notice sent by mail)

Date

(*) Please delete as applicable.
Before the conclusion of the contract of a digital good: You expressly agree that we begin with the execution of the service before the end of the revocation period.
At the conclusion of the contract of a physical good: The cancellation policy will be send in text form to you.
For services provided by us in the period until the revocation, you must pay the agreed fees.

§ 5 Fees

Registration for the use of the online platform, the placement of offers for sale and bidding on offers are free of charge.
If a contract of sale is concluded between users or between buyer and seller of a physical good via the provider's platform in accordance with § 7, the provider shall charge the seller a service fee depending on the value of the goods, which shall be retained and transferred to us directly when the purchase price is transferred in cooperation with our payment service provider Adyen. A separate payment of the fees by the seller is not necessary. The claim for remuneration of the seller arises with the conclusion of the purchase contract between buyer and seller. The claim to remuneration also exists if the contract between the members is not executed or is not executed to the satisfaction of the members, unless the Vendor is responsible for this. The claim to remuneration is independent of the further processing and execution of the order by the members. In the event that, contrary to sentence 1, the fees are not retained in the transaction, the Provider's claim to remuneration shall not be dependent on the payment of the remuneration agreed between the Buyer and the Seller and shall be collected subsequently from the Runner.
The amount of the fee shall be determined by the price list of the vendor valid at the time of the placement of an offer for sale.

§ 6 Duration of the contract

The contract between you and the provider is concluded for an indefinite period. The contract can be terminated by you at any time with a notice period of fourteen days to the end of the month by notifying the provider. The notice must be in text form.
The provider can terminate the user contract at any time with a notice period of fourteen days to the end of the month in text form. The right to block member accounts remains unaffected.
The right to extraordinary termination remains unaffected for both parties.

§ 7 Conclusion of contract between the members

The placement of sales offers on the online platform constitutes a legally binding offer to conclude a purchase contract.
If the buyer of a digital good wishes to accept the offer, he must first place the desired item in his shopping cart and confirm the transaction by clicking on "order with costs". In the further course the payment data of the buyer are transmitted to the payment service provider Adyen. The buyer must confirm the payment instruction again. As soon as Adyen confirms the transaction, the binding purchase contract between the members is concluded and the ordered product is made available to the customer via Steam. Products placed in the shopping cart by the user remain there for 15 minutes. After this time, the products are again available for purchase by other users.
The acceptance of an offer of physical goods essentially follows the description from No. 2. However, the goods are not made available via Steam, but are transported by the seller to the buyer on the shipping route.
The provider is not a contracting party to the purchase contract but only provides the platform and means for its execution, including the mediation to the platform of the payment provider Ayden. In the event of disputes between members, the Provider shall act in a supporting capacity.

§ 8 Rights of use for uploading contents

You grant the provider transferable, simple, spatially and temporally unrestricted rights of use to the content posted by you on the online platform to the extent necessary for the operation of the online platform.
In particular, you grant the provider the right to place the relevant content on the online platform and to make the necessary copies of the content (storage on the servers, etc.). In addition, you grant the provider the right to edit the content in order to better present it on the website. This editing can be, for example, the shortening or editorial editing of texts, the production of excerpts from posted images or the reduction of images to thumbnails. Furthermore, the Provider has the right to reproduce, make publicly available and publicly reproduce the content in the best possible quality via different end devices and different networks (public and private), whereby the right to make content publicly available also includes, in particular, the transfer of content to fixed or mobile end devices (e.g. cell phones, etc.) of other users. The right of public reproduction also includes in particular the right to reproduce content on the online platform by streaming.
If you post your content on the online platform, you also allow other users to use your content to a certain extent. Thus, posted texts may be read and any images viewed. This inevitably entails storage of the content in question in the RAM of the other user's terminal device.

§ 9 Illegal content, misuse

You undertake vis-à-vis the Provider not to post any illegal content on the online platform. Accordingly, you will not provide, offer, provide access to or advertise any content (in particular photos, videos, texts, graphics, logos, etc.) that violates the provisions of the Criminal Code or the Narcotics Act, the Medicines Act or the Weapons Act and/or that is
- are insulting or defamatory, irrespective of whom this content concerns;
- are pornographic, glorify violence, are abusive, immoral or violate youth protection laws;
- constitute unreasonable harassment of other users, in particular through spam within the meaning of Section 7 of the German Unfair Competition Act (UWG);
- are protected by copyright, trademark, patent, design or utility model law without being entitled to do so; or
- which serve to carry out or promote anti-competitive actions, including progressive customer advertising (such as chain, snowball or pyramid schemes);
You are also prohibited from distributing or publicly reproducing content of the online platform or of other users, unless this distribution and public reproduction is provided for in the context of the use of the online platform or the other user has consented to the distribution and public reproduction, in particular by way of a corresponding purchase agreement. Furthermore, you are not allowed to set hyperlinks in your offers. The provider reserves the right to remove such links immediately. It is also forbidden to place bogus offers, which only serve the purpose of advertising services outside the provider's platform or to obtain ratings.
The use of the system for any other purpose than the trade with skins or the goods specified in § 2 No. 2 of this agreement is prohibited. The provider reserves the right to exclude users whose user account is used for abusive activities. This is especially the case in the event of suspected criminal behavior as well as such actions that impair the unrestricted use by other members.
If the Provider has reasonable doubts about the legality of a transaction or the identity of the User, the Provider is entitled to suspend the transaction(s) in question until the facts of the case have been clarified or - in the event that the Provider subsequently becomes aware of the reasons for the illegality - to reverse the transaction(s). In the event of a transaction being suspended, the Provider shall play a corresponding message to the User.

§ 10 Warranty and indemnification

You warrant to the provider that you are entitled and able to grant the rights to the aforementioned extent to the content posted by you. In particular, you warrant that you will not post any content that infringes the copyrights, trademark rights or other intellectual property rights of third parties. You also warrant that you will not post any anti-competitive content. You are obliged to inform yourself accordingly and, if there are doubts about an authorization, to ask the rights holder for permission. Doubts exist in particular if
- it concerns copyrighted works or works protected by ancillary copyright, such as third-party videos, photos, graphics, logos, trademarks and texts. It should be noted that, as a rule, you may not alienate or otherwise edit the works of third parties and post the result on the online platform without the consent of the rights holder;
  
  third parties have participated in the production of the content in such a way that they may have acquired ancillary copyrights;
  
  the contents contain personal or other sensitive information about individual persons or groups of persons, unless you have the necessary consents and/or rights of use;
You also warrant to the provider that you will not post any content on the online platform that otherwise infringes the rights of third parties or whose content is illegal or has been declared illegal by the provider.

§ 11 Provider’s Liability

The provider is liable with the following restrictions according to the legal regulations: If your damages result from the loss of data, the provider is not liable for this, as far as the damages would have been avoided by a regular and complete backup of all relevant data by you. The liability of the provider for contract-untypical or unforeseeable damages is excluded. This does not apply if the damage affects life, limb or health, was caused intentionally or by gross negligence, results from the absence of a guaranteed quality or from the culpable breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations). Liability under the Product Liability Act shall also remain unaffected.
The provider is not liable for the accuracy, quality, completeness, reliability, nature and quality or credibility of the content posted by members. These do not represent an expression of opinion by the provider, in particular the provider does not adopt the content of the members as its own. The provider is also not liable for the conclusion, implementation and execution of contracts between members. It merely provides the platform for the purpose of mediation.
The provider is not liable for any damages and/or misuse of personal data that may occur due to your use of a third-party app.

§ 12 Your duties and liability

You are solely responsible for all grants of rights of use, contributions, contents of your user profile and offers.
In the event that a claim is made against the provider by a third party because you have violated your obligations with regard to the granting of rights of use, you shall hold the provider harmless from any liability and any costs, including any legal costs, to the full extent and upon first request. The provider will inform you immediately about the claim and give you, as far as this is legally necessary and/or possible, the opportunity to defend the asserted claim. The same applies to claims by third parties, because the subject matter of the content violates legal positions of third parties, in particular copyright exploitation rights or personal rights, regardless of the authorship of the content.
You are responsible to the provider and third parties for your own posts, comments and all user profile content, especially with regard to their content accuracy. If a claim is made against the provider by another user or other third party due to illegal contributions, comments, user profile content and/or offers, you release the provider from any liability and any costs to the aforementioned extent.
The use of the online platform via third-party apps and comparable application programs is at your own risk, even if their use is a mandatory prerequisite for the use of the services of the provider.
You are not permitted to give third parties access to your user account or to offer items for sale or other transfers on behalf of third parties. In particular, you are not allowed to give third parties access to your Adyen Wallet.

§ 13 User account with the payment service provider

The Provider itself does not manage any customer funds. The processing of all payment transactions, credit top-ups, etc. is handled by our payment service provider Adyen. Adyen is a service of Adyen N.V., Simon Carmiggelstraat 6-50, 1011 DJ Amsterdam, The Netherlands. The general terms and conditions of Adyen apply, available at https://www.adyen.com/de_DE/legal/terms-and-conditions
Adyen shall set up a so-called "submerchant account" for the User. According to Adyen's terms and conditions, this submerchant account can be charged with credit that is available for short-term transactions or can be used to process payments, provided that the User's account meets the requirements for the so-called "wallet function". This requires the specification of further KYC characteristics required by Adyen.
Short-term in the sense of the above point 2 are such transactions that are carried out within 30 days after the credit has been made. If you do not use up loaded or acquired credit, this must be withdrawn within 30 days. The Provider will notify you of this obligation if you do not withdraw credit for a period longer than the above period.
If credit is not retrieved despite a notice according to section 3, you will receive a further notice from the provider that the existing credit will be paid out automatically. If the Provider has not stored any data for a payout, you will be asked to provide bank details at the same time. You are hereby notified that if you do not provide bank details and your user account is inactive for a period of 365 days after the notice of inactivity, annual inactivity fees will be applied to the balance. The annual inactivity fee is €10.00 (in words: ten euros) or converted accordingly into the user's local currency at the daily exchange rate. If the account balance is less than €10.00, the account cannot have a negative balance. In this case, the fee corresponds to the inactive account balance. The fee is due after the Provider has notified the User of the inactivity, but no earlier than 365 days after the User's last login. The collection of the fee is at the discretion of the provider.
If a user account is inactive for more than 365 days, the user has not been switched to the payment provider Adyen and shows credit balance, an inactivity fee of 10 (ten) euros per year will be charged. If the account balance is less than 10 (ten) euros, the account cannot have a negative balance. In this case, the fee is equal to the inactive account balance. The fee is due after the online platform has notified the user of the inactivity in text form, but no earlier than 365 days after the user's last login. The fee will be collected at the discretion of the online platform.
User accounts that meet the conditions from No. 5 will be closed. As a result, the contractual relationship between SkinBaron GmbH and the registered user shall be deemed terminated.
The user acquires a claim for payment against SkinBaron GmbH in case the terminated account has a positive balance. This claim must be asserted against SkinBaron GmbH in text form and is subject to the statutory limitation rules.

§ 14 Coupons

Once you want to redeem credit from promotional vouchers, enter the voucher code in the window of the shopping cart provided. The voucher value can only be redeemed during the order process in the shopping cart. Any remaining amount remains stored on the voucher code and can be used for future purchases within the validity period. It is not possible to combine several voucher codes redeemed in the shopping cart to increase the total redemption amount. When entering the voucher code, the provider checks whether the requirements of the promotional voucher are met, in particular whether it is still valid. A cash payment of the voucher value is not possible, not even of residual values. The credit of the voucher can be redeemed during the stated validity period of the voucher. After the expiration of the validity period, the credit from the promotional voucher expires. The voucher is transferable prior to redemption. A subsequent transfer of credit to another user account is not possible. The purchase price can be paid (partially or completely) with the amount indicated on the voucher code. Remaining amounts remain as "special credit" in the user shopping cart and can be redeemed with the next purchase in the shopping cart. The redemption of promotional vouchers is irrevocable. The voucher and the "special credit" can exclusively be redeemed for the purchase via the provider.

§ 15 Extraordinary contract termination and suspension of the account

You and the Provider shall have the right to extraordinary contract termination in the event of good cause without notice at all times. An extraordinary contract termination is especially possible in case of major violations against these GTC, violations against the obligation to truthfully submit the required personal data or major violations against the prohibition of posting illegal contents. Furthermore, an extraordinary contract termination shall be considered in case of another good cause, especially in case of the loss of access data or the suspected misuse thereof by a third party. Notice of termination must be given in writing in any event.
As a less severe measure, the Provider may suspend you temporarily in case of violations against these GTC, in order to urge you to meet your obligations. You will be informed of the suspension in writing. In case of the suspension of the user account or a termination by the Provider for good cause, you are prohibited to re-register on the online platform in order to open a new user account without the prior express consent of the Provider.
As an even less severe measure the Provider is entitled to delete such offers violating legal regulations or these GTC. In choosing the measures, the Provider will consider your legitimate interests, and in particular, whether you were responsible for the violation.

§ 16 Data protection

The collection of your data serves the purpose of being able to provide a user-friendly, efficient and secure Internet service.
All information on data protection and data security can be found in our Privacy Policy

§ 17 Changes to functions, transfer of contract

The provider reserves the right to continuously edit, update, expand, restrict or discontinue individual functions of the platform.
The provider is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks. In this case, you are entitled to extraordinarily terminate the user agreement after notification of the transfer of the agreement.

§ 18 Changes to the General Terms and Conditions (GTC)

These terms and conditions are subject to change at any time by the provider.
The changes and the new GTC will be communicated to you by e-mail and optionally by global announcement in the market. The new GTC shall be deemed agreed if you do not object to their validity within six weeks after receipt of the announcement / e-mail. The objection must be in text form. The provider will inform you separately in the e-mail about the possibility of objection, the deadline, the form and the consequences of your inaction.

§ 19 Final Clause

The contractual relationship between you and the Provider and these Terms of Use shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the German international private law is excluded.
The mandatory consumer protection provisions that apply in the state in which you have your habitual residence, remain applicable if they offer you more extensive protection.
As far as the member is a businessman in the sense of the BGB, a legal entity of the public right or a public-legal special property, the seat of the supplier in Hof is valid as exclusive area of jurisdiction for all from the user contract and these AGB developing disputes.

Terms of Service